different from billoreilly.com. also we would like you to spout off about the factor from anywhere in the world. o'reilly@foxnews.com. name and town, name and town. if you wish to opine, the word of the day, do not be meretricious when write to go the factor. the spin stops here. we are d welcome to "red eye." i'm greg gutfeld or as i am known in arizona, the phoenix fond leer. andy what is coming up on tonight's show? >> winging the t tonight, no prompter. >> well, are you a pro. >> here we go. our top story tonight, unions protest peacefully as michigan passes mashist right to work legislation. -- fashist right to work

legislation. i have msnbc's copy. i don't know what is going on here. and who did the readers of the guardian pick as their person of the year? the shocking story that will shock you. and finally, what are the worst things you can give as christmas gifts? the stocking story that will stalk you. that didn't work, i don't think. greg? >> you kind of let us all down there. >> you know, what can i say, man? technical difficulties. >> embarrassing, really. >> embarrassing for you more so than for me. and we will just move on and act like it didn't happen. >> go away. let's welcome our guest. she is so hot her blood type is lava. i am here with brooke goldstein, founder of the children's right institute and director of the law fair project. and he is so sharp he sneezes thumbtacks. the thork times -- the new york times best sell -- best seller. it is called the story of greg gutfeld. thank you for that, by the way.

i appreciate it. and in mexico he is the opening act. he is my repulsive sidekick, bill schulz. and if fierce commentary was tai chi i would do him on a mat in the park. it is the groar of gavin mcguinness. it is miles mcginnis. and our new york correspondent, pinch. >> i can tell i will get along with him. today at 5:38 written by our own nate silver, you remember him. he is like dick more rirks but active it. -- dick morris, but active. accurate. in other news, the new york times formerly endorses hillary clinton for president. vice president to be named later. ♪ all the news that's fit to print ♪ >> that was sophisticated.

>> the north pole for gun control. more americans think santa is a democrat. and 40% believe the jolly man is a member of the left. versus 28% who think st. nick tilts more toward tricky dick. many think mitt romney belong on the nice list than think more than our kenyan-born president. and 50% believe there is an actual war on christmas, while four in 10 americans, that's 40%, miles, do not. and finally 100% of those surveyed agree orangutans are always high. >> keep doing it, keep doing it, keep doing it.

>> security! >> he is trying to fix my mic. that's why we have animal videos. it is so we can fix things in the middle of the show. people think the animal videos are fun, but they are for glitches and i couldn't let him go. sorry, jack. doesn't the survey display the simplicity? just live in the north pole and wear red. agree with me. >> the more important question is who per personifies the mcabee's this season? who is fighting for freedom? who is risking their lives for freedom of religion. it is important this holiday season we show our respects the the -- we show our troops the respect they deserve. >> who are the mcabee's 1234*. >> the roman catholic church and the eastern orthodox church celebrate the mac

abee's as heros. >> they do. but about santa clause, i bet you ask this 50 years ago they would have said he is a republican. the reason? he brought gifts to good kids. were you good? it was a reward. republicans believe in reward and punish meant and democrats believe in free gifts. >> excellent point. now it is redistributing the gifts and it is all the same. because you can't have a better gift than someone else. all of the gifts are coming from the government suck because you can't make them better. miles, i suppose you agree santa clause is a democrat or occupy wall street. >> i like you are so po's that you lost another cool person. first of all, i don't think black people are not good people. they dooy serve presents. they deserve presents. >> where do you get that? >> they talk about jesus and christianity, but when people want to help people they go no i don't want to vote for that. what ever happened to the spirit of christmas.

it is about giving and welfare. i don't even know why we are talking about christmas. in a world whereas oliver stone put it, the top thousand richest people have more wealth than the bottom 3 billion. i am more excited about kwanza. maybe we should be -- maybe we should be more excited about kwanza's founder. he is my santa. >> ha, ha, ha. >> keep laughing while you make fun of people who are suffering. >> we are not making fun of anybody suffering. >> it sounds like it. >> we aren't. >> well then vote for obama. >> we don't have to. he is already re-elected. jay vote for him next time. -- >> vote for him next time. >> we'll see. that might change. >> that's a bad example. >> i meant chavez. >> bill, try to pretend you were listening and formulate

an answer. >> of course, of course. the man wears all red, comme. white beard, marxist. the elves are all male. gray! -- gay. the stronger reindeer are on top, rudolph, and the ones that don't work as hard are in the back, blitzen, but the rest of him is unbelievably communist. it makes perfect sense. what does he distract us from? religion. we are focusing on santa instead of baby jesus. the war is real. >> rudolph is actually an oppressed minority who over came his problems. gyro say shaw, nose -- rosecea, look into it. >> old news. >> by the way, do parents ask are you good? is that even an issue now?

>> i don't have children, but i am qualify to know that it is true. >> i don't -- i do have children, and i am going to say i don't know. >> i believe they will get something. maybe it is from their mom. >> my brother gavin did something disgusting and despicable. he said i am going to call santa. he picked up the phone and it made me puke. >> a lot of parents do that still. and that's the origin of santa. it is to discipline children and turn them into robots who will produce the factories and make everyone rich. >> the coca-cola factories. santa is a trademarker or was a trademarker of the coca-cola company. >> this is now becoming stupid. >> from santas to tantrums, they are being jerks about the right to work. on tuesday right to work legislation was passed by the michigan legislature and signed by governor rick snyder, putting an end to the days of shops in that state. the workers can't be forced to

pay union dues to take a job. thankfully opponents of the new law took their defeat gracefully. i am kidding. here is the representative. >> we will pass something that will undo a hundred years of labor relations. and there will be blood. there will be repercussions. >> he was referring to organizing a blood drive. and here are the thugs tearing down the didn't. the tent. a pro right to work organization. >> to be fair, i hate camping. at least there weren't any actual assaults on people.

>>- q. i that was contributor -- >> that that was fox news contributor. right now i need something to calm myself down. >> i told you, gay marriage, once it is okay you will have llamas and dogs just hanging out together. you thought i would be wrong, but i was right. dennis, surprised, unsurprised? in the middle of surprised about the reaction of the unions today? >> actually i am surprised there was a little violence -- as little violence as there was. the sad thing is and it is a serious part i am about to make and i feel wrong.

>> one of my theories is it makes less people. they start out good, and because they are certain the opposition is evil, we don't think they are evil. they think we are evil. we think they are wrong. that's a huge difference. you can beat somebody up if he is evil. if you saw a kkk member, you would want to punch him. we are kkk in their eyes. >> and everything they do is for the greater good. >> exactly. >> any kind of socialist organization of the last 70 or 80 years that has done horrible, horrible things to millions of people is for the greater good. a, we are looking forward to a socialist you -- utopia. brooke? >> my turn to make a serious point. i think what is painfully ironic here is the fact that these people are exercising their right to peaceful

assembly. what are they protesting? the right to assemble with whomever they want. the right to freedom of association. it makes no sense. what is also painfully obvious here is the fact that if unions were doing their jobs, people wouldn't be running away from them. they hold them hostage, and that's what this right to work bill is about. the bill is not stoping people from m abouting members of the union. they are giving me the freedom to associate. >> this is my point. this can save unions. it actually introduces competition to unions. you might actually have to do a better job. you might actually have to ab do indicate for -- abdicate for better policies. something tells me you didn't think the violence went far enough. >> i don't understand why you want everyone exploited. we fought so hard to get everyone out of the coal mines and to the working world. it reminds me of billy brag when it says the union forever

defending arise. down with the black legs, workers unite. >> it is hard to explain to a crying. ♪ why daddy won't go back ♪ the family suffers but it hurts me more ♪ to hear a scab ♪ say sergeant jack ♪ >> let it wash over you. >> we fought and died for these unions, and now they are here and no one can take it. well guess what. it is time for workers' rights. >> they are not even dealing with collective bargaining. they want the option of not joining a union. >> but who gets the benefits 1234* the scabs, the black legs, they come in and they get all of the benefits that the union fought for, and then they saw it off. >> how do you tbet the benefit? >> listen to the dpie screaming.

>> but actually they are not getting the benefits. >> i think they are. the guy said that. >> most of the money that is being spent is being spent politically. >> i am sure these guys will get everything the union fought for and not pay their due. >> they don't want to pay their dues. >> i meant metaphor rickly. >> i don't feel comfortable speaking in a table full of members of the kkk. miles accepted, you especially goldstein. the fact of the matter is that was an americans for prosperity tent they were going after there. and with -- and what the coke brothers need to understand. >> it is okay to go after them then? >> no, it is all in the name. for some reason prosperity drives people nuts. i have a group there as well. americans for failure. americans for failure and our

shanty town didn't get touched. not one of our houses was knocked down. he had side burns and he was in your face and doing scenes. no one bothered him. it was all about the name in coke brothers. when you put your billions into that think about changing the name. >> is that because the coke brothers were involved and it was okay to trash the place? >> now it is no saw blip national. subliminal. >> is this is what they would do on camera, imagine what they would do when the camera is not on. >> he had -- i bet that was there before that. >> i got hit in the face and it doesn't look like that. >> there is a reason my nose looks like a lightning bolt. you don't get a beauty mark right here. >> here is another thing that blows my mind. it is the taking over of the state capitol. maybe it is not a rhetorical question, but have you ever seen a conservative group take

over a state capitol? why doesn't pro life people? they are as passionate about their beliefs. why don't they -- it is taken for granted that the left is allowed to do what is ultimately a violent act taking over a state capital. >> and eke spueing of violent act, that guy has not been arrested for what he did for crowder. i want to go to you, miles. what would you rather have? what the unions want are high wages and low employment or the opposite which is more people employed. >> you look at the teacher's union and i would rather the rich were poor and everyone got poor and if we could all just be equal. >> that's exactly right. >> why are you agreeing with me? >> that was the most honest guy i ever met. >> that was perfect. >> are you a nazi. >> that is correct. >> wow.

>> you are going to edit this later, right? >> yes, we will take that out. >> i didn't mean that. when you are born, there are all of these poor people and that's not right. if a baby has four building block shouldn't that baby give this baby another building block? >> no. >> i feel like i am next to tom ?ieder and -- tom snyder. >> what is the secret to healthy self-esteem. brooke goldstein discusses her new bookmaking children cry. first, what is with you people? who is twenty 12's -- 2012's person of the year? i would be lying if i said i cared.

he is getting an ago accolade from a country betrayed. he has been named the person of the year by readers of "the guardian," a newspaper. the soldier is accused of leaking hundreds of thousands of classified military documents to wikileaks and faces life in prison. 23* convicted of the most serious charnel, aiding the enemy. he is a hero with a whistle-blower and many rush to support him in the british newspapers on-line. after wikileaks urged his twitter followers to vote, these two have been named kit tens of the year by me. >> that was the most heated discussion. brooke, i want to go to you first. it will be the 14-year-old --

>> yes. malala was 14 years old and was shot point blank in the back of the head by the taliban on a school bus for advocating that girls should receive education. it was one of the rare opportunities where the media highlighted the fact that every day now thousands of innocent muslim children are being targeted. how selfish is it of these wikileaks people not just to take the award from her, but to put other civilian lives at risk as they leak these secure documents. it is absolutely disgusting. >> there is a reason. you are entirely right. you are powerful and there is a reason. i am just going back to understanding leftism which i call the most dynamic religion. it is more dye that will mick than christianity and islam. the explanation is this. for the left, anti-americannism is more important than any good in the world. the greatest good is to weaken

america. >> any award, any nobel peace prize is 75% of the reason why it it is awarded is to piss off america. >> that's why the president won it. >> exactly. >> nice logic, fox. >> who do you think should have been person of the year? >> i think they did an excellent job. i know everyone cries crocodile tears for this decisive girl. what she was doing is decisive. i don't care if it is true. what it is is angering a culture in the west, and to make them uncomfortable is to separate the country. we have to accept them. i am not interested in data or whatever you want to call it that makes a new culture uncomfortable in our culture. it is about bringing people

together. all they need is education. that's why i am against what she did. >> they shoot girls who go for education. >> bill, you voted for bradley, but it was bradley cooper. >> i thought he would be people's guy two years in a row. it would have been quite a coup, i love you. either bradley call me. i don't know if they have tv's in jail for the other bradley. i don't believe any of this because it is on-line. on-line you can manipulate everything they stuff ballots easier in the worldwide web. i maintain it is still kevin clash and i am doing a letter writing campaign. i believe you might know him as the voice and the hand inside elmo. i know he was framed four times, and i believe the

amount of joy he has brought all of these children should be rewarded. i will ticket you, elmo, as will the world. >> i am amazed how little engaged you are politically until the kevin clash incident. now have you thrown all of your engines and in fact your passion against freeing kevin clash who is not even in jail. >> i am holding a concert for him and it is called the clash fash to provide money for him in case he ends up in jail for another time that someone falsely accuses him of having sex. >> has he answered your letters? >> he has, but not for the same reasons you think. >> i am glad i know that. >> very flirty. >> have i got nothing from him. do you have a comment on the show? e-mail us. do you have a video of your animal doing something interesting, go to fox news.com/red eye. still to come, the half time report from andy levy. >> tonight's half time report is sponsored by rubber ducks. the toys shaped with a yellow

bill duck and associated with bathing. thanks, rubber ducks.

we are back. let's find out if we got anything wrong. for that we go to andy levy. >> hi, greg, how are you? >> glad to see you back in the normal spot. i was worried about you in that hole. >> me too. >> getting a little sad. >> it is not cool out there, man. >> i am glad are you back. >> there are people there.

you know i don't like them. >> you just like cats. >> more americans believe santa is a democrat. let's see, a myth about an entity that spies on them and gives them free stuff. that's a tough call. greg, you said orangutan. >> when? >> i don't know, some video or something. >> oh yes. >> there is no g at the end. it is or an tang. >> i was talking about the supplement drink fed to monkeys orangutan that is used when going on space trips. >> awful save. brooke, you said the important thing was who represents the mcabee's. >> obviously. >> no, it isn't. >> we are going to engage in this discussion of personifying the holiday spirit. >> stop pretending hanukkah is

something. >> hahn hanukkah is everything this time of year. >> are you a grown woman. >> and grown women get eight gifts. >> stop pretending. >> what are you saying? >> you are so offensive. you are so offensive to this young woman. >> i don't believe i was, sir. >> dennis, you said santa should be considered a republican because he rewards. isn't that what the republican party stands for these days some. >> yes. >> okay. >> the idea that people who work hard should be rewarded and we hold the idea of success to be a beautiful thing. that there is something praise worthy in working hard and being rewarded for it. i think that is a beautiful thing. it lifts human dignity. >> i agree, sir. >> miles, you said you don't think blacks are bad people. nobody said they were, but you guys make everything racial. it is disgusting. >> i totally disagree.

dennis is talking about how the gop is about giving. that's an anti-obama thing. obama is about helping the down trodden. they tend to be people's color. so actually santa is more pro african-american and other minorities like better meze or whatever. -- bermese or whatever. >> it is racist to say downtrodden people are people of color. >> that's a statistical truth. >> that's straight up racism. >> they don't have opportunities. >> also miles, you said the person who invented kwanza is one of your heros. >> i believe. >> sorry, is that still me? he is one of my heros. why does one religion dominate? why are we doing that? >> in 1971 he was sentenced on

felonious assault and imprisonment. his former wife said he sat on her stomach while another man forced water into her mouth with a hose. >> when cheney does it it is cool and somebody else -- >> i think what you are saying is the opposite. i think what are you saying is the opposite. it is not cool when a white guy does. it but it is okay when a black guy does it. you know what that is? that's straight up racism. >> kwanza has changed. it is different now. it is more about candles andies. they don't really -- it is like the nation of islam. they don't go back to the time with space -- space ships. >> they just hate jews. >> oh my god. all i am saying is that kwanza is different now and so is the nation of islam. maybe we should wake up to our brethren that we are scared of because they are the president. >> you know nobody in africa knows what kwanza is?

i'm serious. >> isn't it a ziw -- swraw hely tradition? >> a what? >> i think he means zwahili. >> it is like the native american church. they bring in jesus and other things. it is called adapting. creative destruction is about the evolution of culture. if we were not stuck in this 3,000 year old book every year while santa comes around and dances around baby jesus we would understand the culture. how about a pagan christmas? >> how old do you think the bible is? >> 3,000 years old? >> really. >> how old is it? >> well, let's see. we are in the year 2012. >> and that's why they say bc. >> right, and bc would have been 2011 years ago.

that's not quite three,000. >> okay, sorry, 2012, is that what you want, the myan calendar? this is insane. >> bill, thor is not only real, but he is spectacular. >> when did i mention thor? >> did i just say thor or did i just hear that? >> it is for israel. >> i am for israel. >> i swore you said thor is real. >> it is amazing what you want to hear. >> it goes back to him and zoo doism. judaism. it was a talk about different religions. >> sole disclosure, i didn't want the human to hear that. i was hoping people would play back and get that.

>> co ask you -- coca-cola did not create santa clause. >> didn't they create what they think santa clause looks like which is a fat guy and a beard and red suit? >> no, it is a myth. they popular rised it, but the type of illustration of the -- of what you described was around for years before coca-cola used it. >> like 3,000 years. >> no, more like five years or so. not much. anyway, right to work becomes law in michigan. oh god, miles. you said right to work is unfair because nonunion workers at a shop will get the same benefits -- >> that's what the guy said. >> unions can negotiate members only contract if they want to which means the wages and working conditions set by the contracts would only apply to that shop. >> those jobs exist in the

first place because the unions fought hard to get them and then the scabs walk in. >> that's a separate point. >> basically. >> bill, you said there were no arrests, as if that makes punching a guy okay. >> they have gotten medals. >> you pay those men to punch you. >> and then he pays them in medals. >> there is an on-line campaign going on so charges can be pressed. >> fox news has been playing that tape for a long amount of time. >> also bill, astoria is real. >> you heard me say that again? i thought it was under my breath. >> dennis, i agree there is an element of the left that enjoys seeing america hurt.

and miles, yes, that's exactly why barack obama was aborted the nobel peace prize without doing anything which was a slap in the face to george bush's america. >> white people are getting wiped out and some see it as a bad thing, but it is a good thing. hispanics livelonger so we will eventually livelonger. >> think about it. >> do the math. >> i will explain to you why i said that. the united states is a living rebuff to what the left most cares about. what i call the american trinity liberty, each is the an ties that you cyst of leftism. in god we trust and eplurabis-unum. >> have i latin, core-unum,

rastafari. >> have i no response. -- i have no response. >> finish your point. >> the united states is a living rebuff. we are the most religious country in the western world and the most prosperous. that shouldn't be. we are the most capitalistic and prosperous. we are the most uniting of peoples rather than disuniting on race, gender, class and so on. and we are still the most prosperous. if we prosper -- >> yes, bob marley didn't want anybody to be unified. >> why are you bringing up bob marley? >> how is "i shot the is sheriff, but i did not shoot the deputy" a defense? >> it was a troubling time in kingston, jamaica where the colonist ruled the rastafarian religion. all he wanted to do was defend themselves.

rastafari has been under a constant state of attack. and that is why it is good that the white man, the biggest liar on earth, is finally having his chickens come home to roost. >> thanks for not answering my question. >> exactly. >> lastly, brooke, i am with you, malala would have been a better choice. i believe part is our own fault. we should not let bradley manning sit so long without a trial. it let him become a living martyr. we increased the sense that we had done him wrong and that leads to things like this. >> he is openly communicating, and these people who view him as a martyr have a true example of a 14-year-old almost martyr. she is still in a coma, right? think of the symbols and what

they are taking away from this girl, how can they live with thimses? with themselves. >> i agree with you. greg i will end on that funny note. >> thank you, my friend. see you on the back end. coming up, demi moore is dead -- tired of people calling her a cougar. can't say i blame her. first, what is the worst christmas gift you can give? that's for me to know and bill to find out. okay it is a bag of bunny heads. >> yay!

he is out after calling him stout. the waiter who sparked global outrage by labeling three diners fat girls on the receipt has been fired. this mean message seen here was delivered after a meal at chilid's sports lounge. it is a great name. it is in stockton, california. but i don't agree with what

they d it turned into a pink slip with the restaurant announcing that he was immediately terminated. they said the family is embarrassed and we will hold a staff meeting to train our remaining employees so this never happens again. speaking of jerks. >> that makes me sick to my stomach. you said the server should get a raise. what kind of animal are you? >> first of all, i would like to set the record straight. what this waiter did is absolutely disgusting, and the restaurant has a right to fire him for disrespecting paid customers. but what is not clear is if you look very closely at the receipt , you are not quite sure he intended for those girls to see that. i mean his name is there so

obviously he wrote it, and it could have been a way of identifying the order with the table which is common. with that said what is not a joke in this country and i would like the opportunity to mention it is the poor state of food we have. even when you go to a grocery store and make an attempt to lose weight you want low fat and there is aspartme. i am not saying that's the reason we are fat, but we should use this opportunity to examine the state of food. look what they were ordering. >> brooke you have taken this story into an entirely different place. >> i'm sorry you had a traumatic experience at the grocery. we all gain weight during the holidays. don't use it to ruin our show. >> i am not allowed -- >> you turned into aspartme. >> stop eating all of the free samples. that's another story. >> should the guy have been fired? >> yes. >> i feel he should have been -- if it was a booker for "red eye" and he -- the booker

said this is the way to keep -- this is how i keep people fresh in my head, weird guy, smelly, homeless guy. >> freak? >> yes, you are a freak. >> he should have been fired. there is no question. humiliating people is to rob them of dignity and dignity makes us human, so to me it is a nonissue. having said that, i do have a tough issue to raise. and that is have we gone to the opposite direction? people who are greatly overweight and i will say women are con constantly told they are beautiful. does this help a person? this is the most difficult thing to say. abraham lincoln couldn't say it in the geico commercial. in the human species the female looks are more than the male looks. other things are more pornts.

in light of that, are we doing women a favor? the people in their lives -- we honor every human being as created in god's image. but are the people doing them a favor by constantly telling them you are beautiful? >> first i want to argue that premise. 24r* is a song called "i like big butts and i cannot lie. when a girl walks in with a round thing in your face you get sprung." so there are attractive women who don't fit the model. >> don't fit the model is different from obese. i agree. i think the models in victoria secret are anorexic. >> you have to understand the badunk-a-dunk she is talking about. she is talking about sir loin steak butt that if you put a cup on it, it stays right there. i for one would like to dive up in that. i am right there with you, girlfriend.

>> how did this turn into our friday show? >> you don't say kardashian can't. you say kardashian can. >> i am afraid to go to miles at this point. miles? >> well it is a disease. >> what is? >> it is a disease. the food is designed to make you fat. they have drugs in it like heroin. and these people at these restaurants are being made to be super obese against their will, and then they are made fun of because obese people are the last people you can make fun of. you can dress up in black lace on halloween and you can be in a wheelchair and go -- and say -- you can have a shirt that says i am retarded. i am an albino. i am an idiot. people do that all the time. >> where do you live? >> but as soon as someone says fat it is hilarious. that's what drives me nuts. you know what it is? >> quickly. >> they have a sick disease and they need a cure. the cure is tolerance. i would rather be with that

girl delicious than be with beyonce. >> oh lord. >> i have to take a break.

christmas is just four months away according to my

mouth. after you shop what presents are most likely to be hated by your loved ones? a writer put a list together of the worst gift ideas. among them, anything practical, socks, underwear or any medicine. who does that? anything helpful like study aids or alarm clocks or a scale also too impersonal. brooke, as a woman, are you worried? >> huh? >> are you worried you might get a terrible, terrible gift? >> no, because i know all of my friends know that the best and the only gift to give is a taxable donation for a not for profit like the law fair project because without your pre speech which is what we aim to protect there would be no christmas. so give generously. >> that's code for a brick of hash. you know, friends, brick of hash. >> another good gift is one of our books. >> dennis, what is your take?

>> on gifts it is a simple rule. people should be given what they want. or what you think that they will want even though they don't know they want it. but if you give what you like it doesn't work. it is like the guy who called my show and said dennis, let me tell you. i am having problems with my girlfriend. i cooperate careless about valentine's day, but she really values it. i think it was made by hallmark cards for capitalist gains. there are a million holidays. i said you are a jerk. if she likes valentine's day, give her a valentine's day gift. it is what the recipient wants that matters. >> miles? >> what? >> i don't know. have anything to add? >> i will tell you what i would like for christmas to quote bruce coburn, i would like a rocket launcher. die. >> that's what i would do is blowup dick cheney in the industrial car complex with my

rocket launcher. >> i have a son with the woman who is basically insane and i haven't seen him in 10 years because i am learning chinese. i am also learning how to surf because i want to get him a surfboard when i know how to do it, and we can bond then. i am waiting to meet him. >> you are one hell of a dad. >> i want to be a good dad when we finally meet. >> how good of you. we will close things out with andy levy.

now time for andy levy for the post game wrap up. >> would you prefer your teenagers smoke or cheat? >> i would p